My response from the thread I started a few days ago:
FR MASTER THREAD: Recount info and updates for Michigan, Pennsylvania, Wisconsin
12/1/2016, 11:45:43 PM · 146 of 146
doug from upland to WildHighlander57
I have two calls in to the Speaker of the House of the Wisconsin legislature. I am working on a piece about this or trying to get a national reporter to do it.
In 2000, I spoke with the Speakers office in the Florida legislature. If the recount was not solved in a timely manner, they were prepared to hold a session and award the electors to George Bush.
Here are Electoral Instructions - https://www.archives.gov/federal-register/electoral-college/roles.html
1. Appoint Electors
The United States Constitution and Federal law do not prescribe the method of appointment other than requiring that electors must be appointed on the Tuesday after the first Monday in November (November 8, 2016). In most States, the political parties nominate slates of electors at State conventions or central committee meetings. Then the citizens of each State appoint the electors by popular vote in the state-wide general election. However, State laws on the appointment of electors may vary.
Under the Constitution, State legislatures have broad powers to direct the process for selecting electors, with one exception regarding the qualifications of electors. Article II, section 1, clause 2 provides that no Senator, Representative, or Person holding an Office of Trust or Profit under the United States may be appointed as an elector. It is not settled as to whether this restriction extends to all Federal officials regardless of their level of authority or the capacity in which they serve, but we advise the States that the restriction could disqualify any person who holds a Federal government job from serving as an elector.
If the Dems are delaying to prevent WI electors from being able to carry out their duty, I do not think they will get away with it. Both houses of the WI legislature are in the control of the GOP. I am disappointed that the Speakers office has not had someone return my call to give me the answer. I believe the WI legislature will be prepared to hold an emergency session and award the electors to Trump if the recount is not finished.
As you recall, WI Dems have been known for going across state lines and hiding to avoid having to vote. So the question would be raised about having a quorum to take the vote for awarding electors. In WI, it is required that to have a vote on fiscal matters, it takes 3/5 of the members being present for a quorum. So far, I cannot find such quorum requirement for electors since it is not a fiscal matter.
Maybe I am not getting a return call with the answer from the Speakers office because they dont want the Dems to know their fallback position.
The GOP controls both houses in the Michigan legislature as well as the Pennsylvania legislature.
The Trump electors will be certified by the state of WI under the election laws already in place. I don't think the current legislature has anything to do with it.
People are assuming that failure to complete a recount means that a state forfeits its EVs. I have asked and asked, but so far no one has been able to show a statute that says the Election Board can't certify the original count.
Could you ask the speaker what's to stop the Board from doing so?
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(5) Certificates of election.
(a) The commission shall record in its office each certified statement and determination made by the commission chairperson or the chairpersons designee. Immediately after the expiration of the time allowed to file a petition for recount, the commission shall make and transmit to each person declared elected a certificate of election under the seal of the commission. It shall also prepare similar certificates, attested by the commission administrator, addressed to the U.S. house of representatives, stating the names of those persons elected as representatives to the congress from this state. In the case of U.S. senators, the commission shall prepare a certificate of election for the governors signature, and the governor shall sign and affix the great seal of the state and transmit the certificate to the president of the U.S. senate. The certificate shall be countersigned by the secretary of state. If a person elected was elected to fill a vacancy, the certificate shall so indicate. When a valid petition for recount is filed, the commission chairperson or the chairpersons designee may not certify a nomination, and the governor or commission may not issue a certificate of election until the recount has been completed and the time allowed for filing an appeal has passed, or if appealed until the appeal is decided.
(b) For presidential electors, the commission shall prepare a certificate showing the determination of the results of the canvass and the names of the persons elected, and the governor shall sign, affix the great seal of the state, and transmit the certificate by registered mail to the U.S. administrator of general services. The governor shall also prepare 6 duplicate originals of such certificate and deliver them to one of the presidential electors on or before the first Monday after the 2nd Wednesday in December.
https://docs.legis.wisconsin.gov/statutes/statutes/7/II/70/5/b